Legal Opinion

Cunningham v. Mayor of Cambridge

Massachusetts Supreme Judicial Court

Decided February 9, 1916PublishedCited by 23 opinions

Petition, filed on January 5, 1916, for a writ of mandamus as described in the opinion. The case came on to be heard upon the pleadings and agreed facts before DeCourcy, J., who, at the request of the parties, reported it for determination by the full court.

1Opinion of the CourtRugg, C. J.

The petitioner, who is the commissioner of public safety of the city of Cambridge, seeks by this petition for a writ of mandamus to compel the respondent, who is the mayor of the same city, to refrain from attempting to remove him from his office. The petitioner was appointed for a term not yet expired, under the authority of St. 1912, c. 611, by § 2 of which the mayor was empowered to "remove the commissioner for cause, after a hearing.” The respondent is undertaking to make the removal by virtue of the supposed authority of that act. At the State election in 1915, the voters of Cambridge…

2Cases cited11 opinions

  1. Welch v. SwaseyMassachusetts Supreme Judicial Court · 1907
  2. Attorney General v. City of BostonMassachusetts Supreme Judicial Court · 1877
  3. Prince v. CrockerMassachusetts Supreme Judicial Court · 1896
  4. Graham v. RobertsMassachusetts Supreme Judicial Court · 1908
  5. Cole v. TuckerMassachusetts Supreme Judicial Court · 1895

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3Cited by23 opinions

  1. Ashley v. Three Justices of the Superior CourtMassachusetts Supreme Judicial Court · 1917
  2. Attorney General v. City of MethuenMassachusetts Supreme Judicial Court · 1921
  3. Moore v. Election CommissionersMassachusetts Supreme Judicial Court · 1941
  4. Wright v. WalcottMassachusetts Supreme Judicial Court · 1921
  5. Safford v. City of LowellMassachusetts Supreme Judicial Court · 1926

18 more not listed; retrieve them via the Exa API.

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